The presence of an arbitration clause in the contract which is the subject matter of the proceedings determines the lack of jurisdiction of the ordinary court to hear the dispute, with the consequent inadmissibility of the claim pursuant to Article 819-ter, paragraph 1, of the Code of Civil Procedure, and the necessary referral of the case to arbitration in accordance with the procedure conventionally established by the parties.
The acceptance of the plea of lack of jurisdiction of the ordinary court in favour of arbitral jurisdiction entails the revocation of the order for payment issued in breach of the arbitration clause stipulated between the parties.